Legal 2017-08-11T09:29:06+00:00

Christmas Festival Streaming Legal Notice

1. The Service

St. Olaf College (the “Service”) offers digitized versions the St. Olaf Christmas Festival (collectively, “Digital Content”) under the conditions set forth in this Agreement. The Service allows you to access and view Digital Content by streaming or downloading a copy.

2. Compatible Devices

In order to be able to stream or download and view Digital Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we have established and is otherwise capable of interacting with the Service (each such device is a “Compatible Device”). Some Compatible Devices may be used only to stream Digital Content, some Compatible Devices may be used only to download Digital Content, and some Compatible Devices may be used to stream and download Digital Content. 

3. Digital Content

a. Usage Rules. Your use of Digital Content is subject to limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.

b. License to Digital Content. Subject to payment of any applicable fees to purchase or access Digital Content, and your compliance with all terms of this Agreement, St. Olaf College grants you a personal, non-exclusive, non-transferable, non-sublicensable, license to access, view, use, and display the Digital Content for Non-Commercial, Private Use. “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, residence hall room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically prohibits any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content.

c. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and St. Olaf College will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming. You may download and store your own copy of Purchased Digital Content on a Compatible Device authorized for such download so that you can view that Purchased Digital Content if it becomes unavailable for further download or streaming from the Service.

d. Downloading and Risk of Loss. If you plan to download Digital Content that you purchase, we encourage you to do so promptly after your purchase. If you are unable to complete a download after having reviewed our online help resources, use the “Contact” link at the bottom of this page. Once you purchase Digital Content and we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content after download.

e. Streaming. When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming.

f. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (i) sell, rent, lease, distribute, or broadcast any right to the Digital Content to any third party; (ii) remove any proprietary notices or labels on the Digital Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or (iv) use the Service or Digital Content for any commercial or illegal purpose.

4. Information Provided to St. Olaf College

The Digital Content interface may provide St. Olaf College with data about your Compatible Device and its interaction with the Service (such as device type, network connectivity, IP address of the device, and unique device identifiers that allow us to link your Compatible Device to your Service account). The Software may also provide St. Olaf College with information related to the Digital Content that you download and stream and your use of that Digital Content (such as whether and when you viewed the Digital Content). Any information we receive is subject to the St. Olaf College privacy policy.

5. Additional Terms

a. Termination. If you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and St. Olaf College may, at its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such an event, you must delete all copies of Digital Content that you have downloaded, and St. Olaf College may automatically discontinue your access to Digital Content.

b. Communications. We may send you promotions or otherwise communicate with you electronically via e-mail, and you hereby consent to receive those communications, regardless of requests you may have indicated on the St. Olaf College website or by any other means.

c. Modification of Service. St. Olaf College reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and St. Olaf College will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.

d. Amendments. St. Olaf College reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Services or on the St. Olaf Christmas Festival Website. Your continued use of the Service following any such changes will constitute your acceptance of such changes.

e. Reservation of Rights; Waiver. The Service and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement, including limitations of liability. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

f. Limitation of Liability. Conditions of Use: (i) in no event shall our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase, rent, or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

g. Contact Information. For communications concerning this Agreement write to St. Olaf College, Attn: Carl Lehmann, 1520 St. Olaf Ave., Northfield, MN, 55057.

h. Severability. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.